The argument on appeal of this case was consolidated by suggestion of counsel and with the approval of this court since many common questions of law and fact arising out of similar contracts were involved.

The issues and their determinations are fully set forth in the opinion filed under the companion case of Silverstein v. Dohoney , A-534/53 filed simultaneously herewith. 32 N.J. Super. 357 (App. Div. 1954). The opinion comprehends this appeal.

Judgment is reversed, costs to abide the result of the retrial.

19541013

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